Bindu Paswan Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Bindu Paswan Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted: petitioner to surrender before the Court below within six weeks; on arrest or surrender, to be enlarged on bail on depositing Rs.10,000/- as cash security and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Nagar Untari, Garhwa, in connection with Kharaundhi P.S. Case No.70 of 2024, subject to stated conditions and further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Kharaundhi P.S. Case No.70 of 2024 (under Sections 115(2)/118(1)(2)/109 of the B.N.S., 2023 and Sections 3/4 of Witch Craft Act), should be granted the privileges of anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner is directed to surrender in the Court below within six weeks, and in the event of his arrest or surrender he will be enlarged on bail on depositing Rs.10,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Nagar Untari, Garhwa, in connection with Kharaundhi P.S. Case No.70 of 2024.

Ratio / Principle

The bail is subject to conditions: the petitioner will cooperate with the investigation and appear before the investigating officer as and when noticed, furnish his mobile number and photocopy of Aadhar Card with an undertaking not to change his mobile number during pendency, not annoy or disturb the informant or his family members during pendency, and abide by further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (A.B.A. No.768 of 2025, decided 04-02-2025, Anil Kumar Choudhary, J.) — Bindu Paswan, apprehending arrest in Kharaundhi P.S. Case No.70 of 2024 instituted under Sections 115(2)/118(1)(2)/109 of the B.N.S., 2023 and Sections 3/4 of Witch Craft Act, held entitled to anticipatory bail. Directions: surrender before the Court below within six weeks; on arrest or surrender, enlargement on bail on depositing Rs.10,000/- as cash security and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Nagar Untari, Garhwa. Conditions: cooperation with investigation and appearance before the investigating officer as and when noticed; furnishing mobile number and photocopy of Aadhar Card with undertaking not to change the mobile number during pendency; not to annoy or disturb the informant or his family members during pendency; and further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.768 of 2025

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Bindu Paswan, Aged about 48 years, Son of Late Sunar Paswan, Resident of Arangi (Khatinga), P.O. & P.S.- Kharaundhi, DistrictGarhwa, Jharkhand.

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Sanjeev Thakur, Advocate For the State : Mr. Someshwar Roy, Addl.P.P ------

Order No.02 Dated-04-02-2025

Heard the parties.

Apprehending his arrest in connection with Kharaundhi P.S. Case No.70 of 2024 instituted under Sections 115(2)/118(1)(2)/109 of the B.N.S., 2023, and Sections 3/4 of Witch Craft Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner tried to kill the informant by pressing his neck with towel (gamchha) and caused hurt to the wife of the informant. It is submitted that the allegation against the petitioner is false. Drawing attention of this court towards para-10 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is then submitted that there is inordinate and unexplained delay of more than 15 days in lodging the FIR. It is then submitted that due to village politics, this false case has been foisted against the petitioner. It is then submitted that the informant is a habitual litigant having instituted so many cases falsely. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant or any or his family members during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for

anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1^st Class, Nagar Untari, Garhwa in connection with Kharaundhi P.S. Case No.70 of 2024 with the condition that he will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant or any or his family members during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Saroj/